Advancing Public Health in the Caribbean AGREEMENT ESTABLISHING THE CARIBBEAN PUBLIC HEALTH AGENCY (CARPHA)

Transcription

1 Advancing Public Health in the Caribbean AGREEMENT ESTABLISHING THE CARIBBEAN PUBLIC HEALTH AGENCY (CARPHA) June 2011

2 The Contracting Parties: AGREEMENT ESTABLISHING THE CARIBBEAN PUBLIC HEALTH AGENCY Desirous of a Caribbean in which the health of the people is promoted and the risk of disease, injury and disability is diminished, thereby fostering the wellness revolution enuncied in the Port of Spain Declarion issued by the Conference of Heads of Government of the Caribbean Community (the Conference) its Summit on Chronic Non-Communicable Diseases (CNCDs) on 15 September 2007; Considering the initiive for Caribbean Cooperion in Health (CCH), introduced in 1984 a meeting of the CARICOM Conference of Ministers responsible for Health as a mechanism for health development through increasing collaborion and promoting technical cooperion among countries in the Caribbean, and formally adopted and elabored by the Conference of Heads of Government in the Nassau Declarion on Health 2001: The Health of the Region is the Wealth of the Region, Nassau, The Bahamas, 6 July 2001; Mindful of the existence in the Caribbean of the following five Regional Health Institutions (RHIs) The Caribbean Epidemiology Centre (CAREC), administered by the Pan- American Health Organision (PAHO) for the Caribbean region including Members of the Caribbean Community; The Caribbean Environmental Health Institute (CEHI), established by an Intergovernmental Agreement among Members of the Caribbean Community in 1972 and recognised as an Institution of the Caribbean Community; The Caribbean Food and Nutrition Institute (CFNI), administered by PAHO for the Caribbean region, including Members of the Caribbean Community, and recognised as an Institution of the Caribbean Community; The Caribbean Health Research Council (CHRC), established originally in 1972 as the Commonwealth Caribbean Medical Research Council (CCMRC) by Ministers responsible for Health in the Caribbean; and The Caribbean Regional Drug Testing Laborory (CRDTL), established by an Intergovernmental Agreement among Members of the Caribbean Community concluded on 16 December 1974;

3 Acknowledging th there has been a number of gaps in the functions and services being provided by the RHIs, in addition to some overlap in the exercise of these functions in the region; Recalling the mande of the Conference its Twenty-First Meeting in Georgetown, Guyana in July 2002 to review the efficiency and effectiveness of the five RHIs with a view to guiding decisions on their strengthening or restructuring to better serve the health needs of the Caribbean region; Desirous also of implementing the decision of the Conference, taken its Twenty-Eighth Meeting, held in Barbados 1-4 July 2007, to integre the five RHIs into a Caribbean public health agency; and Acknowledging also the concurrence of PAHO to the integrion of the functions of its two centres, CAREC and CFNI into the Caribbean Public Health Agency to be established by the Caribbean Community, Have agreed as follows: Article 1 Use of Terms In this Agreement, unless the context otherwise requires: "Agreement" means the Agreement Establishing the Caribbean Public Health Agency; Associe Member means an Associe Member of CARPHA admitted pursuant to Article 3; Board Member means a member of the Executive Board; CAREC means the Caribbean Epidemiology Centre, administered by PAHO for the Caribbean region including Members of the Caribbean Community; Caribbean Community means the Caribbean Community established by the Revised Trey; "CARPHA" means the Caribbean Public Health Agency established by Article 2;

4 CCH means the Caribbean Cooperion in Health which is the regional stregic framework for cooperion in health approved by the Conference of Ministers responsible for Health and endorsed by the Conference of Heads of Government of the Caribbean Community in the Nassau Declarion, in July 2001; CEHI means the Caribbean Environmental Health Institute, established by an Intergovernmental Agreement among Members of the Caribbean Community in 1972; CFNI means the Caribbean Food and Nutrition Institute, administered by PAHO for the Caribbean region, including Members of the Caribbean Community; CHRC means the Caribbean Health Research Council, established originally in 1972 as the Commonwealth Caribbean Medical Research Council (CCMRC) by Ministers responsible for Health in the Caribbean; "COHSOD" means the Council for Human and Social Development of the Caribbean Community; "Council" means the Council of Ministers established by Article 7; CRDTL means the Caribbean Regional Drug Testing Laborory, established by an Intergovernmental Agreement among Members of the Caribbean Community concluded on 16 December 1974; "Executive Board" means the Executive Board established by Article 6; "Executive Director" means the Executive Director of CARPHA appointed pursuant to Article 13; organ means an entity established by Article 6; Member means a country which has signed the Agreement; PAHO means the Pan-American Health Organision, an internional public health agency, which is the World Health Organision (WHO) Regional Office for the Americas and part of the United Nions System; Revised Trey means the Revised Trey of Chaguaramas Establishing the Caribbean Community including the CARICOM Single Market and Economy, signed on 4 July 2001 Nassau, The Bahamas; RHIs means the regional health institutions, which are to be incorpored into CARPHA. These are: CAREC; CEHI; CFNI; CHRC; and CRDTL;

5 Secretary-General" means the Secretary-General of the Caribbean Community; Technical Advisory Committee means the committee established by Article 11. Article 2 Establishment of CARPHA as an Institution of the Caribbean Community 1. There is hereby established the Caribbean Public Health Agency (hereinafter referred to as "CARPHA") having the composition, objectives and functions set out in this Agreement. 2. CARPHA has been designed an Institution of the Caribbean Community pursuant to Article 21 of the Revised Trey. Article 3 Membership 1. Membership of CARPHA shall be open to the Members and Associe Members of the Caribbean Community. 2. The Council may admit as Associe Members of CARPHA, Stes or Territories in the Caribbean region which, in the opinion of the Council, can contribute substantially to the achievement of the objectives of CARPHA and are able and willing to enjoy the rights and discharge the obligions set out in this Agreement. 3. Stes or Territories mentioned in paragraph 2 who are desirous of becoming Associe Members of CARPHA, shall submit an applicion in th regard to the Executive Board which shall submit the applicion to the Council for considerion and action. 4. The Council may admit as Observers to CARPHA, Community Institutions and other organisions which contribute to the objectives of CARPHA. 5. Notwithstanding the provisions of paragraph 4, the following organisions are hereby recognised as meeting the conditions to be admitted as Observers and shall be invited by the Council to participe in the work of CARPHA on mutually agreed terms and conditions:

6 (a) (b) (c) the Caribbean Community Clime Change Centre (CCCCC); the Caribbean Disaster Emergency Management Agency (CDEMA); and PAHO. The objectives of CARPHA shall be: Article 4 Objectives (a) (b) (c) (d) (e) (f) to promote the physical and mental health and wellness of people within the Caribbean; to provide stregic direction, in analysing, defining and responding to public health priorities of the Caribbean Community; to promote and develop measures for the prevention of disease in the Caribbean; to support the Caribbean Community in preparing for and responding to public health emergencies; to support solidarity in health, as one of the principal pillars of functional cooperion in the Caribbean Community; and to support the relevant objectives of the CCH as approved by the Council. Article 5 Functions In order to achieve its objectives set out in Article 4, CARPHA shall perform the following functions: (a) provision of an evidence base for public health decision-making and policy in the Caribbean, including the definition, collection, maintenance and analysis of minimum da sets, health situion

7 analysis, critical analysis of the impact of social and other determinants of health and response to public health interventions; (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) conduct of relevant research on public-health priorities in the Caribbean; provision of support and coordinion of the development of regional standards and networks reled to laborory practice; coordinion of effective responses to public health crises in the Caribbean; provision of leadership in defining effective public health interventions in the Caribbean and development and adaption of relevant models for various circumstances; provision of accure, reliable, timely and relevant public health informion to various Caribbean and internional audiences; enhancement of nional capacities to deliver public health goods and services to address new and emerging public health priorities in the Caribbean, through on-going teaching, training and collaborion; production of an annual report on the ste of public health in the Caribbean region; building stregic alliances with regional and internional partners; mobilision of resources for priority public health issues; monitoring global agreements and developments th may impact on Public Health; and implemention of measures to tain the approved objectives of the CCH. Article 6 Composition of CARPHA CARPHA shall have the following organs with the functions specified in this Agreement:

8 (a) (b) (c) (d) the Council of Ministers; the Executive Board; the Technical Advisory Committee; and the Technical Secretari including an Executive Director. Article 7 The Council of Ministers 1. The Council of Ministers (the Council) shall comprise the Ministers responsible for Health of the Members of CARPHA. The Council shall meet once every year during meetings of the COHSOD and in extra-ordinary session as often as the Council considers necessary or expedient. 2. Each member of the Council shall be entitled to designe an alterne Minister or an alterne representive to represent the Minister on the Council if the Minister is unable to act. Where the designed alterne is not a Minister, the alterne representive shall be vested with the authority of the Minister or with the authority to make policy decisions the meeting on behalf of the Minister being so represented. 3. Subject to paragraph 6 of this Article, each member of the Council shall have one vote. The Council shall take decisions by a two-thirds majority vote of its members entitled to vote, and such decisions shall be legally binding. The Council shall make recommendions by a simple majority vote. Recommendions shall not cree legally binding obligions. Decisions in respect of the contribution of Members or the budget of CARPHA shall be made by consensus. 4. The Council may admit observers to its deliberions and Associe Members shall be entitled to be observers the deliberions of the Council, but such observers shall not have the right to vote. 5. The Council may recommend to the Members suspension from its membership of Members whose Governments have persistently violed obligions assumed by or under this Agreement. In taking decisions pursuant to this paragraph, the representive against whose country action is being taken shall not have the right to vote.

9 6. Subject to this Article, the Council shall establish its rules of procedure. Article 8 Functions of the Council In furtherance of the objectives of CARPHA, the Council shall (a) (b) (c) (d) (e) be the principal policy-making organ of CARPHA and shall determine the policy of CARPHA; promote and advoce policies and programmes to protect health and prevent disease, including the implemention of an improved public health infrastructure; promote and advoce the implemention of an improved public health infrastructure, including epidemiology and laborory services; mobilise technical, financial, and informion resources on behalf of Members to address important health problems; dissemine informion to governments and other agencies for the purpose of improving health and preventing disease; (f) appoint the members of the Executive Board pursuant to Article 9; (g) (h) (i) (j) (k) give general or specific policy directions to the Executive Board; approve the senior staff positions to which Article 14 applies; approve the cooperive and other arrangements to be entered into by CARPHA as proposed by the Executive Board; conduct periodic reviews of the adequacy of the provisions of this Agreement and the policies and measures designed to address public health in the Caribbean Community; recommend to the Members the contributions of Members and Associe Members to the budget of CARPHA in accordance with Article 7(3);

10 (l) (m) (n) (o) consider and approve the recurrent and capital budgets of CARPHA on the recommendions of the Executive Board in accordance with Article 7(3); establish approprie mechanisms for sustainable funding; conduct an annual review of the performance of the Executive Board; and perform such other functions as may be necessary to fulfil the objectives of CARPHA. Article 9 The Executive Board 1. The Executive Board shall consist of the following Board Members - (a) (b) (c) (d) (e) (f) (g) three Ministers who shall be the incumbent Chairperson of COHSOD, the immedie past and the immedie future Chairpersons of COHSOD; one Minister, with responsibility for health, representing an Associe Member of the Caribbean Community, selected in alphabetical order; two Chief Medical Officers, or persons holding equivalent posts, of the Members of CARPHA, selected in alphabetical order from among the Members of CARPHA; two Permanent Secretaries of the Ministries of Health of Members of CARPHA, selected in reverse alphabetical order from among the Members of CARPHA not represented on the Executive Board by virtue of subparagraphs (c) and (h); two representives of the Associe Members of CARPHA; one person nomined by PAHO; one person nomined by the Secretary-General; and

11 (h) the Permanent Secretary of the Ministry of Health for Trinidad and Tobago, except where Trinidad and Tobago is represented on the Executive Board under subparagraphs (a) and/or (c). 2. The Executive Director shall be entitled to tend the Meetings of the Executive Board but shall not have the right to vote. 3. The Chairperson of COHSOD shall be the Chairperson of the Executive Board. In the absence of the Chairperson, the Board Members shall elect a Minister representing a Member of CARPHA to be Chairperson of the Meeting. 4. Associe Members and Observers, which are not represented on the Board under paragraphs 1(e) and (f), may tend meetings of the Executive Board as observers but shall not vote. 5. Board Members, with the exception of those appointed under paragraph 1 (a) and (h), shall be appointed for a period of two years and shall be eligible for reappointment. 6. The Executive Board shall meet in ordinary session once in every year and in extra-ordinary session as often as the Executive Board considers necessary or expedient. 7. CARPHA may defray the expenses of Board Members incurred to tend meetings of the Board. 8. Each Board Member shall have one vote. In the event of a deadlock, the Chairperson shall cast a deciding vote. 9. The Executive Board shall take decisions by a qualified majority of not less than three-quarters of the votes of its membership. 10. Subject to the provisions of this Article, the Executive Board shall determine its rules of procedure. Article 10 Functions of the Executive Board The Executive Board shall perform the following functions:

12 (a) (b) (c) (d) (e) initiion or determinion, as the case may be, of projects designed to fulfil the objectives of CARPHA or the directions of the Council; approval of the stregic plan for CARPHA; undertaking and co-operion in the full open and prompt exchange of relevant informion reled to public health among the Members and Associe Members of CARPHA; promotion and co-operion in educion, training and public awareness reled to public health and encouragement of the widest participion in this process, including th of nongovernmental organisions; considering and adopting, as approprie, the work programme and Reports of the Technical Secretari on the work of CARPHA; (f) (g) (h) (i) (j) (k) (l) approval of the Staff Regulions, administrive policies and procedures of CARPHA; approval of the Directors to be appointed by the Executive Director pursuant to Article 14; establishment of the Technical Advisory Committee and approval of the appointment of the members of the Technical Advisory Committee in accordance with Article 11; review and approval of recommendions and reports from the Technical Advisory Committee; determining the resources required for the recurrent and capital budgets of CARPHA for the considerion and approval of the Council; mobilision of resources for CARPHA and instructing the Technical Secretari to undertake any necessary studies and arrangements; monitoring the applicion of the resources of the recurrent and capital budgets of CARPHA in order to ensure th such resources are being employed in accordance with this Agreement and the Work Programme of CARPHA;

13 (m) (n) (o) (p) (q) (r) approval of the auditors on the recommendion of the Executive Director and submission of the annual report of the auditors to the Council for examinion and approval; authorising the Executive Director to enter into agreements with other countries, internional agencies and entities; establishing such subsidiary bodies as may be necessary for the performance of its functions; monitoring the implemention of the transition of the RHIs in accordance with this Agreement; preparion and submission of reports and recommendions to the Council; and performance of such other functions as the Council may recommend from time to time. Article 11 The Technical Advisory Committee 1. The Executive Director shall subject to the approval of the Executive Board appoint the members of the Technical Advisory Committee. 2. The Technical Advisory Committee shall comprise the following members: (a) (b) (c) (d) six Chief Medical Officers representing Members of CARPHA, selected on a rotional basis, other than the Chief Medical Officers appointed under paragraph 1(c) of Article 9; one person jointly nomined by Universities within the Caribbean Community; three persons nomined by public health agencies which contribute to the objectives of CARPHA; and two persons nomined by the Executive Director with relevant technical expertise. 3. Each member of the Technical Advisory Committee shall have one vote.

14 4. The Technical Advisory Committee shall elect its Chairman from among its membership and the Chairman shall hold office for one year. The Chairman shall be eligible for re-election. 5. The Technical Advisory Committee shall meet least once every year immediely prior to the annual meeting of the Executive Board and shall submit an annual report on its activities to the Executive Board. Meetings shall be convened by the Executive Director, who shall provide secretarial and administrive support services for the Technical Advisory Committee and its meetings. 6. CARPHA shall defray the expenses incurred by members of the Technical Advisory Committee to tend meetings of the Technical Advisory Committee. 7. The Technical Advisory Committee shall take decisions by simple majority. 8. Associe Members may participe in the meetings of the Technical Advisory Committee, but shall not vote. 9. Observers may be invited to tend a meeting of the Technical Advisory Committee in respect of an agenda item relevant to their respective work. 10. The Technical Advisory Committee may establish Sub-Committees to address specific themic issues. 11. Subject to the provisions of this Article, the Technical Advisory Committee may adopt its own rules of procedure. Article 12 Functions of the Technical Advisory Committee The Technical Advisory Committee shall have responsibility for advising the Executive Board on the scientific and technical areas of the Work Programme and in particular on: (a) (b) policy issues and stregies necessary for CARPHA to fulfil its objectives; recommendions for prioritision of activities and improvement of results;

15 (c) (d) (e) (f) the feasibility and soundness of CARPHA s programmes and budget; the assessment of stus reports in relion to specific themic issues; monitoring and evaluion of programmes and projects; and such other functions or mters as the Executive Board may determine. Article 13 The Executive Director 1. The Executive Director shall be appointed by the Executive Board on the direction of the Council. The Executive Director shall serve for a period of five years and may be re-appointed. 2. The duties of the Executive Director shall include (a) (b) (c) (d) (e) (f) (g) the day-to-day administrion and control of CARPHA; the management of the expenditure of the funds of CARPHA within the approved estimes; presention of the annual budget and multi-year programme estimes for the approval of the Executive Board; sound and effective management of the funds and assets of CARPHA, including special projects, within the approved budgets and in keeping with the regulions approved by the Executive Board; regular financial and operional progress reports to the Executive Board; planning and implemention of health-reled programmes and services; the organision of special programmes and projects in furtherance of the objectives of CARPHA;

16 (h) (i) (j) (k) (l) (m) (n) ensuring th the correct procedures are followed with respect to all mters within the competence of CARPHA; represention, either personally, or by a nominee appointed by him, upon such authorities, boards or committees of the Caribbean Community as may be agreed on with the Community; the submission of an annual report to the Executive Board; identifying resource mobilision needs and sources; preparion annually for the approval by the Executive Board of work programmes for the following three financial years; maintaining ongoing stakeholder relions and identificion of new relionships and partnerships; and the performance of such functions of the Executive Board as may be deleged to the Executive Director. 3. Where the office is vacant or in the case of prolonged absence or incapacity, the Executive Board shall make suitable arrangements for the carrying out of the duties of the Executive Director and shall submit such arrangements for the approval of the Council. Article 14 The Technical Secretari 1. The Executive Director shall appoint such Directors and other members of staff to comprise the Technical Secretari as the Executive Board may determine are necessary for the performance of the functions of CARPHA in accordance with the estimes approved by the Council. 2. The Directors of CARPHA shall be approved by the Executive Board prior to their appointment. 3. All staff appointments shall be subject to the terms and conditions of service determined by the Executive Board and set out in the Staff Regulions. 4. In the appointment of staff, the Executive Director shall be guided by the principle of equitable geographical represention of Members of CARPHA and

17 the requirement to ensure the highest standards of efficiency in the delivery of services. Article 15 Functions of the Technical Secretari The Technical Secretari shall perform the following functions: (a) (b) (c) (d) (f) (g) (h) (i) (j) (k) provision to the Council of timely advice on scientific and technological mters reling to public health management and prevention of disease; provision of assessments of the ste of scientific knowledge reling to public health management and prevention of disease; provision of assessments of the effects of regional and nional measures designed to deal with protection of health and prevention of disease; provision of advice on scientific programmes and on internional co-operion in research and development; provision of responses to Members requesting scientific, technological and methodological informion; identificion of projects in respect of which CARPHA could perform the functions of executing agency; provision of secretarial services for the meetings of the Council and subsidiary bodies of CARPHA; co-ordinion of the work of CARPHA with th of interested intergovernmental and non-governmental bodies; conclusion of such administrive and contractual arrangements as may be required for the effective performance of its functions as approved by the Council; preparion of the draft recurrent budget for submission to the Executive Board for examinion and approval; and

18 (l) preparion of the Work Programme of CARPHA for submission to the Executive Board for examinion and approval. Article 16 Revenue of CARPHA 1. The revenue of CARPHA shall be derived from (a) the annual contributions of Members and Associe Members; (b) such contributions as may be made by other Stes or entities whether within or outside the Caribbean region; (c) such grants as may be made from any source for the financing of research, informion collection and disseminion, advisory services, projects, capacity-building, or for any other purpose consistent with its objectives as set out in Article 4; and (d) any other source or mechanism for sustainable funding as determined by the Council, including the establishment of a trust fund or reserve fund. Article 17 Headquarters 1. The Headquarters of CARPHA shall be established and loced in Trinidad and Tobago. 2. CARPHA shall establish offices in the territory of any of its Members where necessary to fulfil its functions subject to the approval of the Council and the Member. 3. The host Member shall accord to CARPHA and the staff of the Technical Secretari the rights, privileges and immunities set out in this Agreement. 4. Subject to this Agreement the Executive Director shall conclude agreements with the relevant host Members concerning the Headquarters and Offices of CARPHA and the rights, privileges, immunities and facilities to be accorded to CARPHA and the staff of the Secretari.

19 Article 18 Stus, Privileges and Immunities Members shall accord to CARPHA within their jurisdictions, the stus, immunities, exemptions and privileges set out in Articles 19 to 26 in order to enable it to effectively fulfil its objectives and carry out its functions. Article 19 Legal Stus of CARPHA 1. CARPHA shall possess full juridical personality and, in particular, full capacity to - (a) (b) (c) contract; acquire and dispose of moveable and immoveable property; and institute legal proceedings. 2. CARPHA may enter into agreements with Members, third Stes and other internional organisions for the achievement of its objectives. 3. In any legal proceedings, CARPHA shall be represented by the Executive Director. Article 20 Legal Process 1. CARPHA shall be immune from every form of legal process, except in cases arising out of or in connection with the purchase of land, securities or merchantable commodities, in which cases actions may be brought against CARPHA in a court of competent jurisdiction in the territory of a Member or Associe Member in which CARPHA has an office or has appointed an agent for the purpose of accepting service or notice of process.

20 2. Notwithstanding the provisions of paragraph 1, no action shall be brought against CARPHA by a Member or any agency thereof, or by any entity or person directly or indirectly acting for or deriving claims from a Member. Members shall have recourse to such special procedures for the settlement of disputes between CARPHA and its Members as may be provided for in this Agreement. 3. CARPHA, its property and assets wheresoever loced and by whomsoever held, shall be immune from all forms of seizure, tachment or execution before delivery of final judgment against CARPHA. 4. Nothing in this Agreement shall be construed as disentitling a person aggrieved by a motor vehicle accident from instituting legal proceedings against CARPHA, its officials, representives or experts. Article 21 Immunity of Assets and Archives 1. Property and assets of CARPHA, wherever loced and by whomsoever held, shall be immune from search, requisition, confiscion, expropriion or any other form of taking or foreclosure by executive or legislive action. 2. The archives of CARPHA and, in general, all documents belonging to or held by CARPHA, shall be inviolable, wherever loced. Article 22 Freedom of Assets from Restrictions To the extent necessary to achieve the objectives and perform the functions of CARPHA effectively, and subject to the provisions of the Agreement, CARPHA (a) may hold assets of any kind and opere accounts in any currency; and (b) shall be free to transfer its assets from one country to another or within any country, and to convert any currency held by it into any other currency, without being restricted by financial controls, regulions or mororia of any kind.

21 Article 23 Privilege for Communicions Official communicions of CARPHA shall be accorded by each Member, trement not less favourable than th it accords to the official communicions of any other Member. Article 24 Privileges and Immunities of CARPHA Personnel The Executive Director, Directors and other senior officials of CARPHA notified to and approved by the Members, the Executive Board, the Council, and experts performing missions for CARPHA - (a) (b) (c) shall be immune from legal process in respect of acts performed by them in their official capacity; shall, unless they are local citizens or nionals of the Member issue be accorded such immunities from immigrion restrictions, non-nional registrion requirements and nional service obligions, and such facilities as regards foreign currency exchange regulions as are not less favourable than those accorded by Members concerned, to the representives, officials and experts of comparable rank of any other Member; and shall be granted such repriion facilities in time of internional crisis as are not less favourable than those accorded by the Members concerned, to the representives, officials and experts of comparable rank of any other Member. Article 25 Exemption from Taxion 1. CARPHA, its assets, property, income, operions and transactions shall be exempt from all direct taxion and from all customs duties on goods imported for its official use.

22 2. Notwithstanding the provisions of paragraph 1 of this Article, CARPHA shall not claim exemption from taxes which are no more than charges for public utility services. 3. CARPHA will not normally claim exemption from excise duties and from taxes on the sale of moveable and immoveable property which form part of the price to be paid. Nevertheless, where CARPHA is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, Members shall, make approprie administrive arrangements for the remission or the return of the amount of duty or tax. 4. Articles imported under an exemption from customs duties as provided by paragraph 1 of this Article, or in respect of which a remission or return of duty or tax has been made under paragraph 3, shall not be sold in the territory of the Member granting the exemption, remission or retrieve except under conditions agreed with the Member. 5. No tax shall be levied on or in respect of salaries and emoluments paid by CARPHA to the Directors, Officials or Experts performing missions for CARPHA. However, Members reserve the right to tax their own citizens, nionals or persons resident in the territories of such Members. Article 26 Waiver of Immunities, Exemptions and Privileges 1. The exemptions, immunities and privileges provided in Articles 21 through 27 are granted in the interest of CARPHA. The Council may waive to such extent and upon such conditions as it may determine, the immunities, exemptions and privileges provided in the said Articles in cases where such action would, in its opinion, be approprie in the best interest of CARPHA. 2. The Executive Director shall have the right and duty to waive any immunity, exemption or privilege in respect of any official or expert performing a mission for CARPHA where, in his opinion, the immunity, exemption or privilege would impede the course of justice and could be waived without prejudice to the interests of CARPHA. 3. In similar circumstances and under the same conditions expressed in paragraph 2, the Council shall have the right and duty to waive any immunity, exemption or privilege in respect of the Executive Director.

23 Article 27 Implemention Every Member shall take approprie steps to make the provisions of Articles 21 through 27 effective within its jurisdiction and shall inform CARPHA promptly within 6 months of signing the Agreement. Article 28 Questions of Interpretions and Applicion 1. Any question of interpretion or applicion of the provisions of this Agreement not otherwise expressly provided for shall be submitted to the Council for decision. 2. In any case where the Council has given a decision under paragraph 1 of this Article, any Member may require th the question be referred to an arbitral tribunal, constituted in accordance with Article 29, whose decision shall be final. Pending the decision of the arbitral tribunal and without prejudice to a determinion of the arbitral tribunal, CARPHA may act on the basis of the decision of the Council. Article 29 Constitution of Arbitral Tribunal 1. Each of the Members parties to a dispute shall be entitled to appoint one arbitror. The two arbitrors chosen by the parties shall be appointed within fifteen days following the decision to refer the mter to arbitrion. The two arbitrors shall, within fifteen days following the de of their appointments, appoint a third arbitror who shall be the Chairman. As far as practicable, the arbitrors shall not be nionals of any of the parties to the dispute. 2. Where more than two Members are parties to a dispute, the parties concerned shall agree among themselves on the two arbitrors to be appointed within fifteen days following the decision to refer the mter to arbitrion and the two arbitrors shall within fifteen days of their appointment appoint a third arbitror who shall be the Chairman. 3. Where no agreement is reached under paragraph 1 or 2 or where there is a dispute regarding the selection of an arbitror, the Secretary-General shall

24 make the appointment within ten days and where the arbitrors fail to appoint a Chairman within the time prescribed the Secretary-General shall make the appointment within ten days. 4. Notwithstanding paragraphs 1, 2, and 3, Members parties to a dispute may refer the mter to arbitrion and consent to the Secretary-General appointing a sole arbitror who shall not be a nional of a party to the dispute. Article 30 Rules of Procedure of Arbitral Tribunal 1. Subject to the relevant provisions of this Agreement, the Arbitral Tribunal shall establish its own rules of procedure. 2. The procedures shall assure th parties to a dispute have a right to least one hearing before the Arbitral Tribunal as well as the opportunity to provide initial and rebuttal written submissions. 3. The Arbitral Tribunal's hearings, deliberions and initial report, and all written and oral submissions to and communicions with the Arbitral Tribunal, shall be confidential. 4. The Arbitral Tribunal may invite any Member to submit views orally or in writing. 5. The award of the Arbitral Tribunal shall be confined to the subject-mter of the dispute and shall ste the reasons on which it is based. 6. Where the parties to a dispute cannot agree on the interpretion or implemention of the award, either party may apply to the Arbitral Tribunal for a ruling within thirty days of the award. The term of the Arbitral Tribunal shall come to an end unless an applicion for a ruling has been received, in which case it shall continue for such reasonable time, not exceeding thirty days, as may be required to make the ruling. 7. Decisions of the Arbitral Tribunal shall be taken by a majority vote of its members and shall be final and binding on the Members parties to the dispute. Article 31 Third Party Intervention

25 A Member which is not a party to a dispute, on delivery of a notificion to the parties to a dispute and to the Secretary-General, may be permitted to tend all hearings and to receive written submissions of the parties to a dispute and may be permitted to make oral or written submissions to the Arbitral Tribunal. Article 32 Additional Informion from Experts Where proceedings have commenced, the Arbitral Tribunal may, on its own initiive or on the request of a party to the dispute, seek informion and technical advice from any expert or body th it considers approprie, provided th the parties to the dispute so agree and subject to such terms and conditions as they may agree. Article 33 Expenses of Arbitral Tribunal 1. The expenses of the Arbitral Tribunal, including the fees and subsistence allowances of arbitrors and experts engaged for the purposes of a dispute, shall be borne equally by the Members parties to the dispute unless the Arbitral Tribunal, taking into account the circumstances of the case, otherwise determines. 2. Where a third party intervenes in the proceedings, th party shall bear the costs associed with the intervention. Article 34 Transitional Arrangements 1. CARPHA shall assume all rights, obligions, assets and liabilities belonging to the RHIs. 2. In pursuance of paragraph 1, the Executive Director may represent CARPHA and negotie and sign agreements with Stes, intergovernmental organisions and other entities as may be necessary to effect the assumption of rights, obligions, assets and liabilities of the RHIs by CARPHA.

26 3. Upon entry into force of this Agreement, CARPHA may perform any of the functions of the RHIs as are consistent with its objectives and functions set out in this Agreement. 4. Notwithstanding the provisions of this Agreement, the RHIs shall continue to perform their respective functions until such time as their transition to CARPHA is complete and their rights, obligions, assets and liabilities have been legally transferred to CARPHA. 5. The RHIs may represent CARPHA only if so designed in writing by the Council, or by the Executive Director, acting on the direction of the Council. Article 35 Terminion of the Caribbean Community RHIs 1. The Contracting Parties of CEHI, by signing this Agreement, agree to the terminion of the Agreement Establishing the Caribbean Environmental Health Institute, and the transfer of all rights, obligions, assets and liabilities of CEHI to CARPHA, in accordance with the provisions of this Agreement. 2. The Contracting Parties of CRDTL, by signing this Agreement, agree to the terminion of the Agreement Establishing the Caribbean Regional Drug Testing Laborory, and the transfer of all rights, obligions, assets and liabilities of CRDTL to CARPHA, in accordance with the provisions of this Agreement. 3. The Members of the CHRC, by signing this Agreement, agree to the terminion of the CHRC and the transfer of all rights, obligions, assets and liabilities of CHRC to CARPHA, in accordance with the provisions of this Agreement. Article 36 Management of the Transition 1. The Council shall give general directions to the Executive Board for the implemention of the transition of the RHIs to CARPHA in accordance with the provisions of this Agreement. 2. The Executive Board shall be responsible for the management and oversight of all activities required for the transition of the RHIs to CARPHA and

27 shall submit quarterly reports to the Council. The Executive Board may delege the exercise of any of its functions under this Article to the Executive Director. 3. The RHIs shall report to the Executive Board through the Executive Director, who may give directions to the RHIs in respect of any mter required to give effect to the transition to CARPHA. Article 37 Signure This Agreement shall be open for signure by any of the Members and Associe Members of the Caribbean Community. Article 38 Depositary The Secretary-General of the Caribbean Community shall be the Depositary for this Agreement. Article 39 Entry Into Force This Agreement shall enter into force upon signure by eight Members and Associe Members of the Caribbean Community, pursuant to Article 37. Article 40 Registrion This Agreement and any amendments thereto shall be registered with the Secretari of the United Nions in accordance with Article 102 of the United Nions Charter. Article 41 Accession 1. Any Member or Associe Member of the Caribbean Community, which is not a contracting party to this Agreement on the de of its entry into force, may

28 accede to this Agreement and become a Member on such terms and conditions as the Council may decide. 2. Instruments of Accession shall be deposited with the Depositary. Article 42 Withdrawal 1. A Member may withdraw from this Agreement by giving one year s notice in writing to the Depositary who shall promptly notify the other Members accordingly and the withdrawal shall take effect one years after the de on which the notice has been received by the Depositary, unless the Member before the withdrawal becomes effective notifies the Depositary in writing of the cancellion of its notice of withdrawal. 2. A Member th withdraws from this Agreement undertakes to honour any financial or other obligions duly assumed as a Member; this includes any mter reling to an appeal filed before withdrawal becomes effective. Article 43 Implemention The Members shall take all necessary action, whether of a legislive, executive or administrive nure, for the purpose of giving effect to this Agreement. Such action shall be taken as expeditiously as possible, and the Executive Director shall be informed accordingly. IN WITNESS WHEREOF the undersigned duly authorised in th behalf by their respective Governments have executed this Agreement. for the Government of Anguilla on the

29 for the Government of Antigua and Barbuda on the for the Government of The Commonwealth of The Bahamas on the for the Government of Barbados on the for the Government of Belize on the

30 for the Government of Bermuda on the for the Government of the British Virgin Islands on the for the Government of the Cayman Islands on the, 2011 for the Government of The Commonwealth of Dominica on the

31 for the Government of Grenada on the for the Government of The Co-operive Republic of Guyana on the for the Government of The Republic of Haiti on the for the Government of Jamaica on the

32 For the Government of Montserr on the for the Government of The Federion of Saint Christopher and Nevis on the for the Government of Saint Lucia on the for the Government of Saint Vincent and the Grenadines on the,2010 for the Government of The Republic of Suriname on the,2010

33 for the Government of The Republic of Trinidad and Tobago on the for the Government of Turks and Caicos on the